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GST Case Laws


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ORDER 1. The petitioner has filed the present petition, inter alia, impugning an order dated 08.06.2022 (hereafter ‘the impugned order’), whereby the petitioner’s GST registration was cancelled. 2. The impugned order was passed pursuant to a Show Cause Notice dated 20.05.2022 (hereafter ‘the Show Cause Notice’). A plain reading of the Show Cause Notice indicates that the petitioner’s GST Registration was proposed to be cancelled for the following re...
ORDER Leave granted. Heard learned counsel for the appellant and the State. In response to our specific query as to whether the appellant is cooperating with the investigating agency or not, it is submitted by the learned counsel for the appellant that he has joined investigation. In such circumstances, we do not think custodial interrogation of the appellant is necessary. We, accordingly, set aside the impugned order and direct that in case of arrest of the appellant in connectio...

SAKET AGARWAL vs. UNION OF INDIA


(Bombay High Court | Aug 31, 2023)

ORDER P. C. 1. This petition under Article 226 of the Constitution of India is filed primarily praying for a relief that the communication dated 21 April 2023 as issued by the respondent-State Tax Officer (C-804), Nodal Division-I, Mumbai, insofar as the same is issued against the petitioner, be quashed and set aside. The impugned communication is issued to the Officer-In- Charge of the Central Depository Services (India) Ltd. It is issued in exercise of the powers under Section 83 of...

VIKRAM GARG vs. EXCISE AND TAXATION OFFICER CUM PROPER OFFICER (ST..


(Punjab and Haryana High Court | Aug 31, 2023)

ARUN MONGA, J. (ORAL) After being declined bail by the trial Court, petitioner before this Court seeks regular bail in a case bearing No. GST/PNP/02 of 2020 and Complaint No. 252/2020 dated 24.12.2020 registered under Section 132 of the Haryana GST Act, 2017 and Central GST Act, 2017 read with Section 20 of IGST Act, 2017. 2. As per prosecution case, tax returns of the firm, M/s Emm Vee Trading Company, whose proprietor is the petitioner, were examined for the financial years 2018-201...

SANJEEV SHARMA vs. COMMISSIONER


(Punjab and Haryana High Court | Aug 31, 2023)

ORDER AVNEESH JHINGAN , J. ( Oral ) 1. This petition under Section 439 Cr.P.C. is filed seeking regular bail in FIR mentioned below :- Case No. Date Police Station Sections COMA/86 16.7.2022 Sadar, Gurugram, District Gurugram 132(1)(i) read with Section 132(1)(c)(e)(f) of Central Goods and Service Ta...

BHAVANI INDUSTRIES vs. UNION OF INDIA


(Gujarat High Court | Aug 31, 2023)

ORAL ORDER (PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV) 1. Rule returnable forthwith. Mr. Nikunt Raval, learned Counsel appearing for the respondents waives service of notice of rule. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed that a writ of prohibition or any other appropriate writ prohibiting respondents and their servants be issued against the show-cause notice dated 16.02.2023. 3. Facts in brief indicate that the p...

NIKIT MITTAL & OTHERS vs. THE STATE OF JHARKHAND


(Jharkhand High Court | Aug 31, 2023)

ORDER Since the common facts and the FIR are under challenge in all these petitions, that’s why, all these petitions have been heard together with the consent of the parties. 2. Heard Mr. N.K. Pasari, learned counsel appearing for the petitioners in all these matters, Mr. Shreenu Garapati, learned S.C.-III along with Mr. Santosh Kumar Shukla, Mr. Vijoy Kumar Sinha and Mr. Suraj Deo Munda, learned A.P.Ps. for the Sate in respective cases. 3. In all these matters, the prayers ...

SATHESS KUMAR vs. THE DEPUTY STATE TAX OFFICER-2


(Madras High Court | Aug 30, 2023)

ORDER This writ petition is filed for writ of Certiorarified Mandamus, to quash the impugned order dated 25.07.2023 passed by the respondent, as illegal and gross violation of the principles of natural justice and further, to direct the respondent to re-do the assessment after considering the reply and providing sufficient opportunity for personal hearing to the petitioner as per the provisions of the GST Act. 2. The contention of the petitioner is that he has submitted a reply on 24....
ORAL JUDGMENT PER: HONOURABLE THE CHIEF JUSTICE In the present case, the assessment order was dated 09.10.2021 and petitioner without approaching appropriate authorities has directly moved the present writ petition. 2. The Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020, In Re: Cognizance For Extension of Limitation due to the pandemic situation, limitation was saved between 15.03.2020 till 28.02.2022. It was also directed that an appeal could be filed...
P.C. This petition under Article 226 of the Constitution is fled praying for the following reliefs:- “a) That that this Hon’ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ under Article 226 of the Constitution of India, calling for records pertaining to the impugned intimation dated 08.03.2022 issued u/s. 73(5) of the Act by Respondent No. 2 for period 2018-19 (being Exhibits ‘’hereto) and a...